Kendig v. Giles
Supreme Court of Florida
'Tins case ivas decided at Marianna. ’This was an action of Assumpsit, upon warrant of soundness of a slave sold by said Giles to the said Kendig, tried 'in the Circuit Court of the county of Santa Rosa. The count in the declaration relied upon is in the following words, viz: “Santa Rosa County, to wit: Barnard Kendig (the plaintiff in this suit,) who sues for the use of II.
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'Tins case ivas decided at Marianna. ’This was an action of Assumpsit, upon warrant of soundness of a slave sold by said Giles to the said Kendig, tried 'in the Circuit Court of the county of Santa Rosa. The count in the declaration relied upon is in the following words, viz: “Santa Rosa County, to wit: Barnard Kendig (the plaintiff in this suit,) who sues for the use of II. N. Gould, by Jordan and Chain, his attorneys, complains of Thomas • Giles, the defendant in this suit, who has been summoned to . answer the said plaintiff of a plea .of trespass on the case in . assumpsit. Eor that…
1Opinion of the CourtForward, J.
It is contended by the plaintiff in error that it is immaterial for whose benefit or use the suit is brought, if the plaintiff has a legal right or cause of action. This leads us to determine who is the real plaintiff to this suit, and the nature of a suit brought for the use of another. In this *281suit, as in all suits brought for the use of another, the person in whose name the suit is brought for the use of another is but the nominal plaintiff — the real plaintiff is the person for whose use it is instituted; he brings the suit in the name of the nominal plaintiff, by virtue of a right to use…
2Cited by9 opinions
- Robinson v. Springfield Co.Supreme Court of Florida · 1885
- Sammis v. JamesSupreme Court of Florida · 1893
- Thomas v. Martin Ex Rel. ThomasSupreme Court of Florida · 1930
- Hamburg v. Liverpool & London & Globe InsuranceSupreme Court of Florida · 1900
- Peninsular Naval Stores Co. v. MathersSupreme Court of Florida · 1928
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